Current through Register Vol. 51, No. 19, September 20, 2024
A. The
Department may issue a food processing plant license to an individual who owns
a farm to process food in a home or domestic kitchen, located on the
individual's farm, as set forth in this regulation.
B. While operating with a license issued in
accordance with §A of this regulation, the person-in-charge shall:
(1) Comply with this chapter except for:
(a) Regulation .09C(2)(a), D, and E;
and
(b) Regulation .12D, F(3), and
G(1);
(2) Limit processed
food production to:
(a) An amount of food that
can safely be produced in the domestic kitchen as evidenced by:
(i) Sanitation;
(ii) Process; and
(iii) Cross-contamination control;
or
(b) $40,000 of
sales;
(3) Process
commercially only during times when the kitchen is not being used for domestic
purposes;
(4) Clean and sanitize
all food-contact surfaces, equipment, and utensils, immediately before and
after processing commercially;
(5)
While processing commercially:
(a) Use only
building areas, equipment, and utensils that the Department has reviewed or
inspected and approved; and
(b)
Remove all animals and individuals not involved in food processing from the
kitchen; and
(6) Store
ingredients for commercial manufacturing and finished manufactured food in a
separate area from foods used domestically.
C. Except as provided in §§E and F
of this regulation, an individual licensed in accordance with this regulation
may manufacture and process only:
(1) Baked
cakes, muffins, or cookies with a water activity of .85 or less;
(2) Fruit pies with an equilibrated pH of 4.6
or less;
(3) Canned acid foods with
an equilibrated pH of 4.6 or less;
(4) Herbs in vinegar with an equilibrated pH
of 4.6 or less;
(5) Honey and herb
mixtures;
(6) Dried fruits and
vegetables; and
(7) Acidified
foods.
D. An individual
licensed in accordance with this regulation may not process:
(1) Low-acid canned foods;
(2) Cured or fermented foods;
(3) Except as provided in §E(6) of this
regulation, seafood;
(4) Apple
cider or other juices;
(5) Grade A
milk product or manufactured grade milk product as defined in Health-General
Article, §21-401, Annotated Code of Maryland; and
(6) A frozen dessert as defined in
Health-General Article, §21-801(b), Annotated Code of Maryland.
E. An individual licensed in
accordance with this regulation may:
(1)
Weigh, label, and sell raw meat and poultry that is under the jurisdiction of
the United States Department of Agriculture;
(2) Distribute raw meat or poultry that is
under the jurisdiction of the United States Department of
Agriculture;
(3) Weigh, package,
label, and sell raw meat and poultry that is inspected by the Maryland
Department of Agriculture in accordance with Regulation .20 of this
chapter;
(4) Distribute raw meat or
poultry that is inspected by the Maryland Department of Agriculture in
accordance with Regulation .20 of this chapter;
(5) Process only animals that were:
(a) Commercially raised, fed, or managed on
the farm; and
(b) Slaughtered and
processed in accordance with Regulation .17 of this chapter;
(6) While operating a fish farm,
clean, weigh, package, label, and sell, or distribute, raw finfish from the
farm that are not associated with histamine intoxication; and
(7) Use shared equipment and utensils for
both domestic and commercial uses provided that the equipment and utensils are:
(a) Designed and constructed as set forth in
Regulation .10 of this chapter; and
(b) Cleaned and sanitized as set forth in
Regulation .11 of this chapter.
F. An individual licensed in accordance with
this regulation may weigh, label, store, and distribute cheese that:
(1) Is made on a licensed out-of-State dairy
farm using only the raw milk produced by the herd on the dairy farm licensed by
the Department; and
(2) Meets the
definition and standards of a hard cheese, as set forth in section
21 CFR § 133.150.
G. When a farm ceases to be a farm, a food
processing license issued in accordance with this regulation becomes
void.
H. In the absence of a
license issued in accordance with COMAR 10.15.03, a license issued in
accordance with this regulation shall provide for the sale on the farm of food
processed on the farm by the licensee.
I. Except as provided in Regulation .17 of
this chapter, a person may not process food for human consumption on a farm
without the license required in Regulation .18A of this chapter.
